BASAYYA SHIVAYYA SHIROL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a retired principal has filed the instant writ petition with the prayer to issue writ of mandamus directing respondent No.1 to pay his revision of pension on the basis of pay scales introduced by the State Government, vide order dtd. 24/12/2009 at Annexure-B with effect from 1/1/2006 along with the arrears of pension with interest and continue to pay future pension.

(2.) Heard the learned counsel appearing for the parties and also perused the material available on record.

(3.) The petitioner, who was serving as a Principal in SBJ Arts & SV Commerce College, Humnabad had retired from the service on attaining the age of superannuation on 31/1/1999. The Government of India had formulated a scheme for revision of pay of the Teachers, which was communicated to the State Government and under the said scheme stipulation regarding revised pay structures, service conditions and educational qualifications in respect of teaching and non-teaching staff of the University was provided for adoption by the States. The State Government by the order dtd. 24/12/2009 adopted the said scheme of the Government of India, restricting the revised UGC pay scales to be paid with effect from 1/1/2006. All other allowance / benefits were made prospective from the date of issuance of Government Order. Being aggrieved by the restriction imposed by the State Government, some of the retired Teachers, who had retired prior to 1/1/2006 had approached this Court in W.P. Nos.775-787/2015 C/w. W.P. Nos.49241- 49242/2015. The said writ petitions were allowed by this Court and the State Government was directed to pay the revision of pension on the basis of pay scale introduced by the Government dtd. 24/12/2009 with effect from 1/1/2006 along with arrears of pension, even to the Teachers, who had retired prior to 1/1/2006 and continue to pay future pension also.